6105 - AUTHORIZATION TO ACCEPT AND DISTRIBUTE ELECTRONIC RECORDS AND TO USE ELECTRONIC SIGNATURE

Unless a provision of law specifically prohibits the use of an electronic record for the specified purpose, the School Board authorizes the acceptance and distribution/transmission of electronic records to and from School Corporation staff and other persons, as well as between Corporation staff members. The Board authorizes the Chief Financial Officer/Treasurer, Board President, Board Secretary, Superintendent of Schools, Board Members and Chief Human Resource Officer to prepare and utilize an electronic signature, in lieu of their manual signature, and to affix such facsimile signature to any of the following instruments: checks; drafts; warrants; vouchers; or other instruments for the payment of money and necessary or desirable in connection with the withdrawal of Corporation funds for and on its behalf. The individuals specified above may affix their manual or electronic signature to the instruments identified so long as they continue to act as such officers/employees. The use of electronic signatures is expressly approved by the Board. Said checks, drafts, warrants, vouchers, or other instruments for the payment of money may be drawn or relate to the accounts of the Corporation with the various financial institutions (depositories/banks) with which the Corporation conducts business.

The Superintendent shall put in place measures to protect the integrity, security, and accessibility of electronic signatures and electronic records to comply with the mandates of State and Federal agencies or programs, including Medicaid.

All Corporation staff shall comply with all provisions of the Uniform Electronic Transaction Act when creating, generating, sending, communicating, receiving, storing, processing, using, and relying upon electronic records. Further, all Corporation staff and other persons who use electronic signatures when completing transactions with the Corporation shall do so in compliance with State law.

The Board directs that the financial institutions (depositories/banks) with which the Corporation does business are authorized and requested to accept, honor, cash, pay or transfer, without limit as to the amount or without further inquiry, checks bearing the authorized signature(s) as provided by the immediately preceding paragraph whether tendered in payment of an individual obligation or deposited in the account of the Corporation. The Treasurer is directed to provide written notice of the adoption of any electronic signature to the depository from which funds are to be withdrawn, which notice shall include a description of the device to be used, a specimen of such electronic signature, and a copy of this policy. Prior to use of the electronic signature, the written approval of such depository must be obtained.

With regard to the acceptance and distribution/transmission of electronic records and electronic signatures, the Superintendent may specify the following:

1. The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes.
2. If electronic records must be signed by electronic means, the type of electronic signature that is required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met, by any third party used by a person filing a document to facilitate the process.
3. Control processes and procedures as appropriate to provide for adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
4. Any other required attributes for electronic records that are specified for non-electronic records or reasonably necessary under the circumstances.

Electronic signature is defined to include but is not limited to, the reproduction of any authorized signature by a copper plate or by a photographic, photostatic, or mechanical device. Electronic signature does not authorize the use of a rubber stamp signature for any of the instruments detailed above.

In order to protect the Board and its employees from loss, damage or expense occasioned by the unauthorized use of an electronic signature, the Board directs the Treasurer to procure for the Corporation and for the individuals identified above a surety bond in such amount as approved by its legal advisor.

The actual electronic signature should be maintained under the care, custody, and control of  Chief Financial Officer and, as a further precaution, all checks must be entered into the check register so that all numbers can be accounted for.

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